John M. Buvala /Airfox Photography

71620 Buvala Road

Ashland WI 54806

August 2, 2015

U.S. Department of Transportation

Docket Management System 1200

New Jersey Avenue, SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a);

14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a)

(1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

JOHN M. BUVALA / AIRFOX PHOTOGRAPHY seeks exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit JOHN M.

BUVALA / AIRFOX PHOTOGRAPHY to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of construction sites, real

estate, special events, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JOHN M. BUVALA / AIRFOX PHOTOGRAPHY provides its clients with expertise and

knowledge in advanced technologies and solutions to increase efficiency, productivity and

effectiveness. JOHN M. BUVALA / AIRFOX PHOTOGRAPHY also provides its clients with the

highest quality digital content for use in their commercial, personal, and non­profit multimedia

projects. JOHN M. BUVALA / AIRFOX PHOTOGRAPHY has over 15 years of professional

experience in Information Technology and computer systems. He has over 20 years

recreational/hobby experience in all aspects of aerial video and photography. The objective of

JOHN M. BUVALA / AIRFOX PHOTOGRAPHY’s aerial video and photography operations is to

provide high quality imaging (under 400 ft) for real estate, construction, and recreational

markets in Wisconsin and the surrounding states as well as special events.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

John M. Buvala, operator of Small Unmanned aircraft Systems, hereby applies for an
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exemption from the listed Federal Aviation Regulations to allow commercial operation of an

sUAS, so long as such operations are conducted within and under the conditions outlined herein

or as may be established by the FAA as required by Section 333. Commercial operation sUAS,

as described herein, which are equipped with cameras and sensors, would operate in the

following manner:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

5. The ability to offer training to persons individually or belonging to both private and/or public

organizations that have interests in the use and application of sUAS for the purpose of the safe

operation of sUAS to enhance the safety of the National Airspace System (NAS) as well as for

the protection of the persons and property.

6. Aerial video/photography or providing live video feed at night below 200 feet to assist with

search and rescue operations in cases of an emergency or natural disaster only when the local

authorities or government has requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of sUAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d)

will provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish

requirements for the safe operation of such aircraft systems in the national airspace system.”
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The name and address of the applicant is:

John M. Buvala / Airfox Photography

Ph: (715) 682­3342

Email: kjjjbuvala@yahoo.com

Address: 71620 Buvala Road

Ashland WI 54806

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The sUAS’s I will be using are multi­rotor craft weighing no more than 55lbs. including payload.

Under normal conditions they operate at speeds of no more than 22 Mph or 20 Knots and have

the ability hover and move along a vertical and horizontal plane simultaneously. They will

operate in line of sight only and by the exempted person only obeying all other local and federal

laws.

Given the small size of the sUAS and the controlled environment provided the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this

application presents no national security issues. Regarding the level of safety surrounding the

proposed operations and the public benefit, reduction in environmental impacts, including but

not limited to reduced emissions and noise, the grant of the requested exemption is in the public

interest. Accordingly the applicant requests that the FAA grant the requested exemption with

minimum delay.
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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using conventional

aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting

commercial operations under the FAA issued exemption as set forth in the Flight Operations

Manual (FOM) include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25%battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

and not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer (VO)

when needed and may include but not limited to a Camera Operator.

6. The sUAS pilot will be John M. Buvala ONLY not allowing any other person to operate the

sUAS in a commercial capacity.

7. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight

consisting of all the days’ production activities.

8. The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission or direction of the

FSDO, operations at closer range may be approved.
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9. The PIC and VO will have been trained in operation of sUAS and receive up­to­date

information for the particular sUAS to be operated and will be able to show upon request their

competent ability to operate the sUAS and/or Camera.

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, county or

city.

12. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to

return to a pre­determined location within a designated location and land autonomously.

13. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of

these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured and designated area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements. These safety

enhancements provide a greater degree of safety to the public and property owners than

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible
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threat to national security posed by the sUAS, due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the

registration number is displayed on limited, restricted or light­sport category aircraft or

experimental or provisionally certificated aircraft, the operator must also display on that aircraft

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inches high, the words "limited," "restricted," "light­sport,"

"experimental," or "provisional," as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as

the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAS, two­inch lettering will be impossible.

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The

equivalent level of safety will be provided by having the sUAS marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the

identification of the sUAS as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot

in command of an aircraft that is carrying passengers or property for compensation or hire. Our

sUAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to

14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting

skills. The risks attendant to the operation of sUAS is far less than the risk levels inherent in the

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the

FOM will equate to the safe operation of the sUAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this
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exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.­registered civil aircraft ... (2) For

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof. The sUAS,

given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to

carry such an item on the aircraft. The equivalent level of safety will be maintained by

keeping the flight manual at the ground control point where the pilot flying the sUAS will have

immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The PIC will take all actions including reviewing weather, flight

battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. sUAS and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through the use of a control box that communicates with

the aircraft via radio communications. The FAA has approved exemptions for flight training

without fully functional dual controls for a number of aircraft and for flight instruction in

experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft.
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14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person

operating the helicopter complies with any route or altitudes prescribed for helicopters by the

FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority

to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from

which filming is planned, an exemption may be needed to allow such operations. As set forth

herein, the sUAS will never operate at higher than 400 AGL with the exception that in

circumstances where the sUAS is used to survey or photograph a structure whose height

exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the highest point on

the structure. It will however be operated in a restricted area with security perimeter, where

buildings and people will not be exposed to operations without their pre­ obtained consent. The

equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as

the location where it is operated. No flight will be taken without the permission of the property

owner or local officials. Because of the advance notice to the property owner and

participants in the filming activity, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft operating at or

below 500 AGL. In addition, the low­altitude operations of the sUAS will ensure separation

between these small­ UAS operations and the operations of conventional aircraft that must

comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an U.S.

appropriate altimeter setting available before departure.” As the sUAS may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and

live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.
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14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing, and, assuming normal cruising speed – (1) During the

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45

minutes.” The battery powering the sUAS provides approximately 30 minutes of powered flight.

To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be

limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed

flight area and the location of its proposed operations within a predetermined area, a longer time

frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the

small UAS, in a tightly controlled area where only people and property owners

or official representatives who have signed waivers will be allowed, with less than 30 minutes of

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to

alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10

minutes would greatly reduce the utility for which the exemption will be granted. Applicant

believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or

25% of battery power— whichever happens first. This restriction would be more than adequate

to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it

the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the sUAS.
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An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the sUAS will have immediate access to them, to the extent they are

applicable to the sUAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the applicant. Maintenance will be accomplished by the

operator pursuant to the flight manual and operating handbook. An equivalent level of safety will

be achieved because these small UASs are very limited in size and will carry a small payload

and operate only in restricted areas for limited periods of time. If mechanical issues arise the

sUAS can land immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the sUAS is in working order prior to initiating flight, perform required

maintenance, and keep a log of any maintenance performed. Moreover, the operator

is the person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft

Operations Manual (AOM). As provided in the FOM, the operator will ensure that the sUAS is in

working order prior to initiating flight and perform required maintenance needed.

sUAS to be used are as follows but not limited to providing they are within the scope of the

exemption granted by the FAA:

DJI PHANTOM 2

Supported Battery DJI 5200mAH LiPro Battery

Flying Weight (Battery & Propellers Included) –2lbs 11.810oz (1242g)

Quadcopter Motors 4x Brushless Outrunner Motor, 1100K

Hover Accuracy (Ready to Fly) –Vertical: .8m; Horizontal: 2.5m

Max Yaw Angular Velocity ­2000/s

Max Tilt Angel ­350

Max Ascent Speed –6m/s
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Max Descent Speed –2m/s

Max Flight Speed –15m/s (NOT RECOMMENDED)

a. DJI Gimbal

Working Current Static: 750mA; Dynamic: 900mA

Control Accuracy plus or minus 0.03 degrees

Controllable Range –Pitch: 0­ 90 degrees

Maximum Angular Speed Pitch: 900/s

b. GoPro Camera Hero 3+

Operating Temperature Range ­320F ­1040F (00C ­400C)

Effective Pixels –12M

Resolution –4K

HD Video Recording –1080p30 & 720p

Recording Field of View 170O ­ 25 O

c. DJI Transmitter

Operating Frequency –5.728GHz –5.85GHz

Communication Distance (unobstructed) –FCC Compliance: 800m

Receiver Sensitivity (1%PER) ­­93dBm

Transmitter Power –FCC Compliance: 100mW 1.1.4.5 Working Voltage 120mA@3.7v

Conclusion:

The use of sUAS’s provide many benefits to the general public, such as: Decreased air pollution

due to the enormous amount of leaded fuel needed to fly manned aerial vehicles, decreased

noise pollution when near the public, Decreased air traffic congestion at airports and provides a

more affordable and reasonable alternative to current options available to the consumer. As for

safety, Small Unmanned Aerial Systems do not carry people or property so it provides less of a

chance of injury in the case of an accident and because of the size and weight of manned

aircraft the ground casualties can be far less or nonexistent in the case of a downed sUAS vs a

manned aircraft.

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Thank you for the consideration of these exemptions.

Sincerely,

John M. Buvala

71620 Buvala Road

Ashland WI 54806